EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

The 12 Days of California Labor and Employment Series – Day 2 "Reproductive Leave for California"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on California employers. On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and SB 848.

As of January 1, 2024, California will become only the second state, after Illinois, to provide reproductive loss leave under SB 848. This new leave requires employers with five or more employees to provide five days of unpaid leave when an employee sustains a reproductive loss. More ›

Hinshaw Insights for Employers Alert: Chicago Adopts Significant New Paid Leave Requirements

Chicago employers are facing significant new mandatory paid leave requirements following action by the Chicago City Council late last week. The new ordinance requires both paid leave and paid sick leave accruals, effectively doubling the minimum number of paid leave days from five to ten days annually. 

On our main website, read our Q&A to get all your employer compliance questions answered about the new ordinance.

New York Limits Employee Invention Assignment Provisions

Governor Kathy Hochul signed a bill into law last month that amended the New York State Labor Law by adding a new section (203-f). The law prohibits any clause in an employment agreement that requires employees to assign their inventions to their employer if the employee created them on their own time and without using the employer’s resources or trade secrets. More ›

DOL Temporary Rule Clarifies Paid Leave Under Families First Coronavirus Response Act

The U.S. Department of Labor issued a Temporary Rule on September 11, 2020, which revises regulations concerning paid sick leave and expanded family medical leave under the Families First Coronavirus Response Act (FFCRA). The rule, which goes into effect on September 16, 2020, was issued in response to the U.S. District Court for the Southern District of New York's decision in State of New York v. Department of Labor on August 3, 2020, which struck down portions of the FFCRA regulations. More ›

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes even more important in medical facilities, such as hospitals, which have multiple and complex levels of workers with varying levels of skills and responsibilities. This is especially true with independent medical staff members who may have other contractual relationships with hospitals—such as recruitment agreements or administrative services contracts—which can complicate these questions.

The Ninth Circuit recently confronted such a situation when deciding whether an independent member of the medical staff, who had a separate recruitment agreement as well as an on-call services agreement, was an employee or independent contractor. This decision is important for the litigants, because independent contractors ordinarily are not covered by Title VII. More ›

U.S. Department of Labor Rings in the New Year with New Opinion Letters Regarding FMLA and the FLSA

The U.S. Department of Labor (DOL) issued three opinion letters on January 7, 2020—one addressing the Family Medical Leave Act (FMLA) and two on the Fair Labor Standards Act (FLSA). The FMLA letter clarifies whether a combined general health district must consider employees of the county located in said health district when determining FMLA eligibility. As for the FLSA letters, one explores how a nondiscretionary bonus factors into an employee's regular rate of pay, while the other looks at whether per-project payments satisfy the salary basis test for exemption. Below, we take a closer look at each of these letters. More ›

DOL Proposes Tweaks to FLSA Regular Rate Regulations, Changes Won't Impose New Regulatory Requirements

The Wage and Hour Division of the U.S. Department of Labor (DOL) has announced proposed changes to the regular rate regulations of the Fair Labor Standards Act (FLSA). According to the DOL, the proposed changes are focused on updating and clarifying the regular rate regulations, and intended to encourage employers to provide additional benefits to workers without inviting litigation. More ›

EEOC Ordered to Reconsider What “Voluntary” Means for its Wellness Program Guidance

The long-running efforts of the Equal Employment Opportunity Commission to provide guidance on what constitutes a “voluntary” wellness program were called into question by the U.S. District Court for the District of Columbia, in the case A.A.R.P. vs. U.S. E.E.O.C. More ›

Supreme Court Confirms Standards for ERISA’s Church Plan Exception

In a clear win for religiously-affiliated employers, including hospital systems and educational institutions, a unanimous Supreme Court found that a statutory exception to ERISA’s requirements for “church plans” applies to plans that are maintained by tax-exempt entities affiliated with churches in Advocate Health Care Network v. Stapleton. More ›